Law:

Section:

Penal Code (XLV of 1860)------- ------S. 302-Sentence-Practice and procedure--Consistent practice of Court Not to inflict maximum penalty of death where long lapse of time takes place since occurrence and intervening incidents particularly where accused given expectation of life resultant to decision of High Court-Delay of over five years caused in bringing up appeal for hearing largely on account of appellant's own procrastination, case, held, not fit for infliction of sentence of death on accused respondent.-[Sentence-Practice and procedure]. Ajun Shah v. The State P L D 1967 S C 185; Ghulam Hussain v. Zuin­ullah P L D 1961 S C 230; Ghulam Muhammad v. Muhammad Sharif P L D 1969 S C 398 and The State v. Rab Nawaz P L D 1974 S C 74 ref. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a Division Bench of the former High Court of West Pakistan, Lahore Seat, upholding the conviction of the respondent No. 1 herein under sections 302, 307 and 456, P. P. C, but reducing the sentence under sec­tion 302, P. P. C. from death to transportation for life on both counts, namely, the murders of Mst. Mumtaz Begum and Kamran. The sentences under sections 307 and 456, P. P. C. were, however, maintained. The reason given by the High Court for not imposing the maximum sentence is as follows:---- "It is a case where the accused had been driven to commit the crime not by his evil and reckless disposition or bad motive but he might have been induced to do it by surrounding circumstances. In this case, there was no premeditation or pre-arrangement and there was no secrecy on the part of the appellant. The evidence on the record shows that the appellant was highly excited at the time of the incident and had committed this crime under a sudden and strong impulse. The circumstances on the record show that he had lost balance of his mind and the sudden impulse proved too strong for him to resist and it was under that impulse that he acted quite abnormally and committed this act in a moment of extreme excitement." The High Court also relied on a decision of this Court in the case of Ajun Shah v. The State (P L D 1967 S C 185) although it held…

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